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40 University Drive Rindge, NH 03461 (603) 899-4000 franklinpierce.edu 3/12/2019 TT Basic Information on Copyright Infringement Copyright Copyright Infringement DMCA (Digital Millennium Copyright Act) Infringement Notice Enforcement Fair Use of Copyrighted Work HEOA (Higher Education Opportunity Act) Illegal File Sharing Legal Alternatives Online Piracy Peer-to-Peer Networks Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws Copyright - (noun) the exclusive right to produce copies and to control an original literary, musical, or artistic work, granted by law. The creator of the original work has legal control over their work and how it is used and distributed. Since the work is protected by the law, the creator has the right to take legal action against anyone who uses their work without permission and outside of “Fair Use‟. Copyright Infringement - (noun) violation of the rights of a copyright. If you are downloading music or movies or videos, and you do not have permission from the owner, in the eyes of the law, you are stealing and there are hefty penalties. You may purchase and download content from a legitimate source. You have the right to use that content. However, that may not give you the right to distribute that content to others. Being a student does not give you immunity. DMCA (Digital Millennium Copyright Act) Infringement Notice For all the details of the DMCA, go to http://www.copyright.gov/legislation/dmca.pdf Franklin Pierce is considered an internet service provider and complies with DMCA. Upon receiving notice from our provider of a copyright infringement, the University will track down and notify the person who is charged with copyright infringement and deny access to the illegal copies of the copyrighted content. The issue will then be turned over to Judicial Affairs.

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Page 1: Basic Information on Copyright Infringementbeta.franklinpierce.edu/studentlife/student-conduct/... · 2019-03-14 · literary, musical, or artistic work, ... IP address at the noted

40 University Drive

Rindge, NH 03461

(603) 899-4000

franklinpierce.edu

3/12/2019 TT

Basic Information on Copyright Infringement

Copyright Copyright Infringement DMCA (Digital Millennium Copyright Act) Infringement Notice Enforcement Fair Use of Copyrighted Work HEOA (Higher Education Opportunity Act) Illegal File Sharing Legal Alternatives Online Piracy Peer-to-Peer Networks Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws Copyright - (noun) the exclusive right to produce copies and to control an original

literary, musical, or artistic work, granted by law.

The creator of the original work has legal control over their work and how it is used and

distributed. Since the work is protected by the law, the creator has the right to take

legal action against anyone who uses their work without permission and outside of

“Fair Use‟.

Copyright Infringement - (noun) violation of the rights of a copyright.

If you are downloading music or movies or videos, and you do not have permission from

the owner, in the eyes of the law, you are stealing – and there are hefty penalties.

You may purchase and download content from a legitimate source. You have the right

to use that content. However, that may not give you the right to distribute that content

to others.

Being a student does not give you immunity.

DMCA (Digital Millennium Copyright Act) Infringement Notice

For all the details of the DMCA, go to http://www.copyright.gov/legislation/dmca.pdf

Franklin Pierce is considered an internet service provider and complies with DMCA.

Upon receiving notice from our provider of a copyright infringement, the University will

track down and notify the person who is charged with copyright infringement and deny

access to the illegal copies of the copyrighted content. The issue will then be turned

over to Judicial Affairs.

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40 University Drive

Rindge, NH 03461

(603) 899-4000

franklinpierce.edu

3/12/2019 TT

Enforcement

Unless purchased legitimately for your own use, it is against the law to download

copyrighted content. Unless you have express permission, it is illegal to share

copyrighted content.

Disciplinary Action: The University is responsible for investigating possible violations of University code and enforcing rules, which could result in the monitoring of stored material and/or disciplinary action. All allegations of abuse of this policy will be handled by the judicial system. See Student Computer Use Policy, Student Code of Conduct.

Financial Penalties: Penalties for copyright infringement include civil and criminal

penalties. In general, anyone found liable for civil copyright infringement may be ordered

to pay either actual damages or "statutory" damages affixed at not less than $750 and

not more than $30,000 per work infringed. For "willful" infringement, a court may award

up to $150,000 per work infringed. A court can, in its discretion, also assess costs and

attorneys' fees.

Being a student does not give you immunity.

Fair Use of a Copyrighted Work

The section of the copyright law (http://www.copyright.gov/title17/92chap1.html#107) that defines Fair Use says:

“the fair use of a copyrighted work…for purposes such as criticism, comment, news reporting,

teaching (including multiple copies for classroom use), scholarship, or research, is not an

infringement of copyright.”

Uploading and downloading materials for non-academic use does not fall under the protection of Fair Use.

The Higher Education Opportunity Act of 2008 (HEOA)

(Pub. L. 110-315)

Added provisions to the Higher Education Act of 1965, as amended, (HEA) requiring institutions to take steps to combat the unauthorized distribution of copyrighted materials through illegal downloading or peer-to-peer distribution of intellectual property.

These requirements were effective upon enactment of the HEOA, August 14, 2008.1 On

October 29, 2009, the Department published final regulations implementing the statutory

requirements (74 FR 55902). These regulations go into effect July 1, 2010.

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40 University Drive

Rindge, NH 03461

(603) 899-4000

franklinpierce.edu

3/12/2019 TT

For more information about HEOA, go to

http://www2.ed.gov/policy/highered/leg/hea08/index.html

Illegal File Sharing

There are programs (P2P) written specifically for file sharing. Using these programs to download the files for free so that you do not have to purchase the copyrighted materials is illegal. If you do not have permission from the owner, or if you have not paid a fee for the right to download the file, chances are you are illegally downloading the file and you are breaking the law.

Legal Alternatives

There are dozens authorized sites where you can purchase or stream copyrighted content.

Some popular music sites are:

Amazon: http://www.amazon.com Apple iTunes Music Store: http:/www.itunes.com Google Play: http://play.google.com Pandora: http://www.pandora.com Spotify: http://www.spotify.com

Some popular video streaming sites are:

Amazon: http://www.amazon.com Netflix: http://www.netflix.com Hulu: http://www.hulu.com Apple iTunes Music Store: http:/www.itunes.com YouTube: http://www.youtube.com

Online Piracy

Uploading, downloading, and/or sharing of copyrighted files without the owner’s permission is referred to as online piracy. Engage in online piracy and you could be charged with and possibly convicted of a felony called copyright infringement .

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40 University Drive

Rindge, NH 03461

(603) 899-4000

franklinpierce.edu

3/12/2019 TT

Peer-to-Peer (P2P) Networks

Peer-to-Peer (P2P) software and networks are mostly used for illegally downloading and

sharing of copyrighted content. Buying the P2P application does not make the files you

download legal.

Since the files shared over P2P networks are usually copyrighted works, you are putting

yourself at risk for downloading content from these networks. To avoid these risks, there

are services on the Internet that allow you to legally purchase copyrighted works online.

By purchasing the content legally through these services, you not only avoid the risk of

copyright infringement, but you also reduce your exposure to computer viruses and

spyware.

Franklin Pierce University actively blocks P2P networks to deter illegal sharing of copyrighted content.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one

or more of the exclusive rights granted to the copyright owner under section 106 of the

Copyright Act (Title 17 of the United States Code). These rights include the right to

reproduce or distribute a copyrighted work. In the file-sharing context, downloading or

uploading substantial parts of a copyrighted work without authority constitutes an

infringement.

Penalties for copyright infringement include civil and criminal penalties. In general,

anyone found liable for civil copyright infringement may be ordered to pay either actual

damages or "statutory" damages affixed at not less than $750 and not more than

$30,000 per work infringed. For "willful" infringement, a court may award up to $150,000

per work infringed. A court can, in its discretion, also assess costs and attorneys' fees.

For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including

imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at

www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

Example of an Infringement Notice

RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled Clash of the Titans

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40 University Drive

Rindge, NH 03461

(603) 899-4000

franklinpierce.edu

3/12/2019 TT

Dear General Manager:

We are writing this letter on behalf of Warner Bros. Entertainment Inc. ("Warner Bros.").

We have received information that an individual has utilized the below-referenced IP address at the noted date and time to offer downloads of copyrighted motion picture(s) through a "peer-to-peer" service, including such title(s) as:

Clash of the Titans

The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.

Since you own this IP address (74.220.233.58), we request that you immediately do the following:

1) Contact the subscriber who has engaged in the conduct described above and take steps to prevent the subscriber from further downloading or uploading Warner Bros. content without authorization; and

2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.

On behalf of Warner Bros., owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros., its respective agents, or the law.

Also, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.

Please direct any end user queries the following.

Warner Bros. Entertainment Inc. Attn: Worldwide Anti-Piracy

4000 Warner Blvd. Burbank, CA 91522 818.954.3091 – phone [email protected] – email Kindly include the Case ID 996669198, also noted above, in the subject line of all future correspondence regarding this matter.

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40 University Drive

Rindge, NH 03461

(603) 899-4000

franklinpierce.edu

3/12/2019 TT

We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.

Respectfully,

A Kempe Enforcement Coordinator MediaSentry

------------------------------

INFRINGEMENT DETAIL --------------------

Infringing Work: Clash of the Titans First Found: 20 Apr 2010 05:28:35 EDT (GMT -0400) Last Found: 20 Apr 2010 05:28:35 EDT (GMT -0400) IP Address: 74.220.233.58 IP Port: 15928 Protocol: BitTorrent Torrent InfoHash: B4CF91396E8330F648308ECE6F7E11B6822CCDFD Containing file(s): Clash.Of.The Titans.2010.TS.Xvid-Classified.torrent (768,762,665 bytes)

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IFAP - Dear Colleague Letters

https://ifap.ed.gov/dpcletters/GEN1008.html[2/26/2019 1:34:55 PM]

Publication Date: June 4, 2010

DCL ID: GEN-10-08

Subject: Institutional requirements for combating the unauthorized distribution of

copyrighted material by users of the institution's network

Summary: This letter reminds institutions that participate in the Title IV, HEA programs of

the new requirements for combating the unauthorized distribution of copyrighted material

by users of an institution's network. This letter also provides a sample summary of civil

and criminal penalties for copyright infringement that may be used by institutions to meet

one of the requirements of the regulations.

Dear Colleague:

The Higher Education Opportunity Act of 2008 (HEOA) (Pub. L. 110-315) added provisions to

the Higher Education Act of 1965, as amended, (HEA) requiring institutions to take steps to

combat the unauthorized distribution of copyrighted materials through illegal downloading or

peer-to-peer distribution of intellectual property. These requirements were effective upon

enactment of the HEOA, August 14, 2008.1 On October 29, 2009, the Department published

final regulations implementing the statutory requirements (74 FR 55902). These regulations

go into effect July 1, 2010. The final regulations are available at

http://www.ifap.ed.gov/fregisters/FR102909GeneralandNonLoanProgrammaticFinalRule.html

.

This letter describes the requirements of the final regulations and provides a sample

summary of civil and criminal penalties for copyright infringement that may be used by

institutions to meet one of the requirements of those regulations.

Institutional plans

Under 34 CFR 668.14(b)(30), an institution, as a condition of participation in any Title IV,

HEA program, must have developed and implemented written plans to effectively combat

the unauthorized distribution of copyrighted material by users of the institution's network

without unduly interfering with the educational and research use of the network. An

institution must include in its plans:

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IFAP - Dear Colleague Letters

https://ifap.ed.gov/dpcletters/GEN1008.html[2/26/2019 1:34:55 PM]

The use of one or more technology-based deterrents;

Mechanisms for educating and informing its community about appropriate versus

inappropriate use of copyrighted material, including the consumer information an

institution must provide, upon request, in accordance with 34 CFR 668.43(a)(10)

(described below). These mechanisms may include any additional information and

approaches determined by the institution to contribute to the effectiveness of the

plans, such as including pertinent information in student handbooks, honor codes,

and codes of conduct in addition to e-mail and/or paper disclosures;

Procedures for handling unauthorized distribution of copyrighted material,

including disciplinary procedures; and

Procedures for periodically reviewing the effectiveness of the plans to combat the

unauthorized distribution of copyrighted materials by users of the institution's

network using relevant assessment criteria. It is left to each institution to determine

relevant assessment criteria. No particular technology measures are favored or

required for inclusion in an institution's plans, and each institution retains the

authority to determine what its particular plans for compliance will be, including

those that prohibit content monitoring.

In recognition of the diversity among institutions and how technology is continuously

evolving, it is up to an institution's discretion to determine how many and what type of

technology-based deterrents it uses as a part of its plans-although every institution must

employ at least one. Technology-based deterrents include bandwidth shaping, traffic

monitoring, accepting and responding to Digital Millennium Copyright Act (DMCA)

notices, and commercial products designed to reduce or block illegal file sharing. An

institution also has discretion to determine what relevant assessment criteria are for

reviewing the effectiveness of its plans. In some cases, appropriate assessment criteria

might be process-based, so long as the institution's information system information does

not contradict such a determination. Such process-based criteria might look at whether

the institution is following best practices, as laid out in guidance worked out between

copyright owners and institutions or as developed by similarly situated institutions that

have devised effective methods to combat the unauthorized distribution of copyrighted

material. In other cases, assessment criteria might be outcome-based. The criteria might

look at whether there are reliable indications that a particular institution's plans are

effective in combating the unauthorized distribution of copyrighted material. Among such

indications may be ''before and after'' comparisons of bandwidth used for peer-to-peer

applications, low recidivism rates, and reductions (either in absolute or in relative

numbers) in the number of legitimate electronic infringement notices received from rights

holders. An institution is expected to use the assessment criteria it determines are

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IFAP - Dear Colleague Letters

https://ifap.ed.gov/dpcletters/GEN1008.html[2/26/2019 1:34:55 PM]

relevant to evaluate how effective its plans are in combating the unauthorized distribution

of copyrighted materials by users of the institution's networks.

Offering of legal alternatives

34 CFR 668.14(b)(30) also requires that an institution, in consultation with the chief

technology officer or other designated officer of the institution, to the extent practicable,

offer legal alternatives to illegal downloading or otherwise acquiring copyrighted material,

as determined by the institution. An institution must periodically review the legal

alternatives for downloading or otherwise acquiring copyrighted material, and make the

results of the review available to its students through a Web site or other means.

The Department anticipates that individual institutions, national associations, and

commercial entities will develop and maintain up-to-date lists that may be referenced for

compliance with this provision.

Consumer Information

Under 34 CFR 668.43(a)(10), an institution must include information regarding

institutional policies and sanctions related to the unauthorized distribution of copyrighted

material in the list of institutional information provided upon request to prospective and

enrolled students. This information must:

Explicitly inform its students that unauthorized distribution of copyrighted material,

including peer-to-peer file sharing, may subject a student to civil and criminal

liabilities;

Include a summary of the penalties for violation of Federal copyright laws; and

Describe the institution's policies with respect to unauthorized peer-to-peer file

sharing, including disciplinary actions that are taken against students who engage

in illegal downloading or unauthorized distribution of copyrighted materials using

the institution's information technology system.

Under 34 CFR 668.41(c), an institution must provide to enrolled students an annual

notice containing a list and brief description of the consumer information it must disclose

and the procedures for obtaining this consumer information. An institution must add to

this list information regarding institutional policies and sanctions related to the

unauthorized distribution of copyrighted material. Consistent with current regulations (34

CFR 668.41(a)), an institution must provide this annual notice on a one-to-one basis

through a direct individual notice to each enrolled student. This notice must be made

through an appropriate mailing or publication, including direct mailing through the U.S.

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IFAP - Dear Colleague Letters

https://ifap.ed.gov/dpcletters/GEN1008.html[2/26/2019 1:34:55 PM]

Postal Service, campus mail, or electronic mail. Posting on Internet or Intranet Web sites

does not constitute notice. If the institution discloses the consumer information by

posting the information on a Web site, it must include in the notice the exact electronic

address at which the information is posted, and a statement that the institution will

provide a paper copy of the information on request.

Although an institution is required to disclose the required information only to students,

we encourage institutions to make the information available to employees and the

general public if they believe it will be beneficial.

Sample summary of Federal civil and criminal penalties

The Department has worked with representatives of copyright holders and institutions to

develop a sample summary of the civil and criminal penalties for violation of Federal

copyright laws (34 CFR 668.43(a)(10)(ii)) that an institution may use to meet the

requirement that an institution include such a summary in the information it provides

upon request to prospective and enrolled students. The use of this sample summary is

optional.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal

authority, one or more of the exclusive rights granted to the copyright owner

under section 106 of the Copyright Act (Title 17 of the United States Code).

These rights include the right to reproduce or distribute a copyrighted work. In

the file-sharing context, downloading or uploading substantial parts of a

copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In

general, anyone found liable for civil copyright infringement may be ordered to

pay either actual damages or "statutory" damages affixed at not less than $750

and not more than $30,000 per work infringed. For "willful" infringement, a court

may award up to $150,000 per work infringed. A court can, in its discretion, also

assess costs and attorneys' fees. For details, see Title 17, United States Code,

Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including

imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at

www.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

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IFAP - Dear Colleague Letters

https://ifap.ed.gov/dpcletters/GEN1008.html[2/26/2019 1:34:55 PM]

Thank you for your continued participation in the Title IV programs. If you have any

questions regarding this letter, please contact Wendy Macias by e-mail at

[email protected] or by phone at 202-502-7526.

Sincerely,

Daniel T. Madzelan

Delegated the Authority to Perform

the Functions and Duties of the

Assistant Secretary for

Postsecondary Education

Attachments/Enclosures:

Institutional requirements for combating the unauthorized distribution of copyrighted

material by users of the institution's network in PDF Format, 186KB, 4 Pages

1 As the Department noted in the December 2008, Dear Colleague Letter that provided a

summary of the provisions of the HEOA (GEN-08-12), because passage of the HEOA

required program participants to implement a large number of new provisions before

receiving guidance from the Department, during subsequent reviews of compliance with

the HEOA, we will take into account whether any written guidance had been provided by

the Department during the period under review.

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Higher Education Opportunity Act - 2008

https://www2.ed.gov/policy/highered/leg/hea08/index.html[2/26/2019 1:35:12 PM]

LAWS & GUIDANCE / HIGHER EDUCATION

Higher Education Opportunity Act 2008

The Higher Education Opportunity Act What's New

(Public Law 110-315) (HEOA) was enacted

on August 14, 2008, and reauthorizes the In accordance with the Higher

Higher Education Act of 1965, as amended Education Opportunity Act of

(HEA). This page provides information on the 2008 (HEOA), by October 29,

Department's implementation of the HEOA. 2011, each postsecondary

institution in the United States Dear Colleague Letter that participates in Title IV

Negotiated Rulemaking student aid programs must post

IPEDS a net price calculator on its

Reports and Studies Web site that uses institutional

Some parts of the law will be implemented data to provide estimated net

through new or revised regulations. The price information to current and

negotiated rulemaking process will be used for prospective students and their

some regulations, as explained below. Other families based on a student’s

areas will be regulated either through the usual individual circumstances.

To notice and comment process or, where assist institutions in meeting

regulations will merely reflect the changes to this obligation, The National

the HEA and not expand upon those changes, Center for Education Statistics, as

technical changes. in cooperation with the Office of

Postsecondary Education and

As we move through the implementation IT Innovative Solutions Corp.,

process, we will be updating this page, so has designed and developed a

check back often. fully functional net price

Higher Education Opportunity Act (P.L. 110- calculator available to all Title

315) IV postsecondary institutions

for use on their institutional

Text | PDF Web sites.

Dear Colleague Letter To

use or review the template,

How Do I

Find...

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forgiveness

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accreditation

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Succeeds Act

(ESSA)

FERPA

FAFSA

1098, tax forms

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About...

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Teaching

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Community

Engagement

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Office of Federal Student

Aid

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Education

Skip to main content About Us Contact Us FAQs Language Assistance

U.S. Department of Education

Student Loans Grants Laws Data

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Higher Education Opportunity Act - 2008

https://www2.ed.gov/policy/highered/leg/hea08/index.html[2/26/2019 1:35:12 PM]

The Department has published a Dear Colleague Letter which provides a

summary of each provision of the HEOA. However, affected parties are

responsible for taking the steps necessary to comply by the effective dates

established by the HEOA. The provisions of the HEOA are effective upon

enactment unless otherwise noted in the law. Potentially affected parties should

review the legislation immediately to determine the proper measures they must

take to comply.

Negotiated Rulemaking

Negotiated Rulemaking 2009-10: On

go to: http://npc.inovas.net/institution/.

Information Required to Be

Disclosed Under the Higher Education Act of

1965:

Suggestions for

Dissemination:

A Report by the National

Postsecondary Education

Cooperative (NPEC) Working

Group on the Higher

Education

Opportunity Act of 2008

(HEOA). (October 2009)

September 9, 2009, the Department published a notice in the Federal Register

announcing its intent to establish two negotiated rulemaking committees to prepare

proposed regulations under Title IV of the Higher Education Act of 1965, as

amended. This notice also solicits nominations for negotiators.

On May 29, 2009, Deputy Undersecretary Robert Shireman held a conference call

with analysts and investors who monitor the career college and education industry

to discuss the purpose and nature of these negotiated rulemaking sessions.

- Transcript of the Call PDF (48K)

On May 29, 2009, Deputy Undersecretary Robert Shireman also held a conference

call with the career college community to discuss the negotiated rulemaking

sessions.

- Transcript of the Call PDF (52K)

Negotiated Rulemaking Spring 2009: The Web page for each team provides

information such as schedules, lists of negotiators, team protocols, issue papers,

and other materials.

Negotiated Rulemaking Spring 2009 Web Site

Team I––Loans–Lender/General Loan Issues

Team II––Loans–School–Based Loan Issues

Team III--Accreditation

Team IV--Discretionary Grants

Team V--General and Non-Loan Programmatic Issues

On March 23, 2010, the Department published in the Federal Register a Notice of

Proposed Rulemaking (NPRM). Through this NPRM, the Secretary proposes to

amend current regulations, and establish new regulations, for the High School

Equivalency Program and College Assistance Migrant Program (HEP and CAMP);

the Federal TRIO programs (TRIO Programs--Training Program for Federal TRIO

Programs (Training), Talent Search (TS), Educational Opportunity Centers (EOC),

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Higher Education Opportunity Act - 2008

https://www2.ed.gov/policy/highered/leg/hea08/index.html[2/26/2019 1:35:12 PM]

Upward Bound (UB), Student Support Services (SSS), and the Ronald E. McNair

Postbaccalaureate Achievement (McNair) Programs; and the Gaining Early

Awareness and Readiness for Undergraduate Program (GEAR UP) program.

On October 29, 2009, the Department published in the Federal Register final

regulations amending the Federal Perkins Loan (Perkins Loan) Program, Federal

Family Education Loan (FFEL) Program, and William D. Ford Federal Direct Loan

(Direct Loan) Program regulations to implement provisions of the Higher Education

Act of 1965 (HEA), as amended by the Higher Education Opportunity Act of 2008

(HEOA), and other recently enacted legislation. These regulations are effective July

1, 2010.

On October 29, 2009, the Department published in the Federal Register final

regulations amending the regulations for Institutional Eligibility Under the Higher

Education Act of 1965, the Student Assistance General Provisions, the Federal

Work-Study (FWS) Programs, the Teacher Education Assistance for College and

Higher Education (TEACH) Grant Program, the Federal Pell Grant Program, and

the Leveraging Educational Assistance Partnership Program (LEAP) to implement

various general and non-loan provisions of the Higher Education Act of 1965

(HEA), as amended by the Higher Education Opportunity Act of 2008 (HEOA) and

other recently enacted legislation. These regulations are effective July 1, 2010.

On October 28, 2009, the Department published in the Federal Register, final

regulations regarding Institutions and Lender Requirements Relating to Education

Loans, to implement requirements relating to education loans that were added to

the Higher Education Act of 1965, as amended (HEA) by the Higher Education

Opportunity Act of 2008 (HEOA). The Secretary also amends the regulations for

Student Assistance General Provisions, the Federal Perkins Loan (Perkins Loan)

Program, the Federal Family Education Loan (FFEL) Program, and the William D.

Ford Federal Direct Loan (Direct Loan) Program to implement certain provisions of

the HEA that involve school-based loan issues and that were affected by the

statutory changes made to the HEA by the HEOA. These regulations are effective

July 1, 2010.

On October 27, 2009, the Department published in the Federal Register final

regulations governing institutional eligibility and the Secretary's recognition of

accrediting agencies. The Secretary is amending these regulations to implement

changes to the Higher Education Act of 1965, as amended (HEA), resulting from

enactment of the Higher Education Reconciliation Act of 2005 (HERA), and the

Higher Education Opportunity Act (HEOA), and to clarify, improve, and update the

current regulations. These regulations are effective July 1, 2010.

For general information on negotiated rulemaking, see The Negotiated Rulemaking

Process for Title IV Regulations, Frequently Asked Questions.

Integrated Postsecondary Education Data System (IPEDS)

As a result of the recent passage of Higher Education Opportunity Act of 2008, the

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Higher Education Opportunity Act - 2008

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National Center for Education Statistics will make a number of changes to the

IPEDS data collection for 2008-09, to comply with the legislated mandates

regarding College Navigator by August 2009. These changes will be mandatory for

2008-09. Updated Institutional Characteristics (IC) forms, upload specifications, and

instructions will be available on the IPEDS Web site. The other survey materials for

the affected Winter and Spring surveys will be available in the near future. For

Student Loans

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additional information on these changes, visit the IPEDS Web site .

Reports and Studies

U.S. Department of Education's Report to Congress Regarding Simplification of the

Federal Student Aid Process and the Free Application for Federal Student Aid

( FAFSA )

Letter of Transmittal to Senators Edward M. Kennedy and Michael B. Enzi

and Congressmen George Miller and Howard P. “Buck” McKeon

Report to Congress PDF (55K) | MS Word (67K)

Draft Prototype of the Free Application for Federal Student Aid (FAFSA)

PDF (119K) | MS Word (1.5MB)

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Last Modified: 06/25/2010